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Wednesday, Feb 11, 2004

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Portion of verdict reversed

By Our Staff Reporter

KOCHI, FEB. 10. A Division Bench of the Kerala High Court reversed a portion of an earlier High Court's verdict delivered in 1995 striking down as unconstitutional Section 5(1) of the Kerala Building (Lease and Rent Control) Act, which stipulated fixation of a fair rent by a rent control court.

The Bench comprising Justices K.S.Radhakrishnan and Pius C.Kuriakose ordered that the section be retained in the Act.

The directive came on a petition filed by Issac Ninan seeking to review a Division Bench's earlier verdict.

The Bench had struck down the section while upholding the right of the landlord.

The Bench held that the landlord or tenants could approach a rent control court for revision of rent, even if there was no provision in the deed for revision of rent.

The petitioner sought to review the verdict as the Government had not taken any steps to bring in a suitable legislation for fixation of fair rent.

Disqualification quashed

Justice K. Balakrishnan Nair today quashed the State Election Commissioner's order disqualifying Elsey George, a member of the Keerampara Grama Panchayat in Kothamangalam.

She was disqualified on charges of her failure to convene the grama sabha consecutively for six months.

Directive to Vigilance

The Kerala High Court has directed the vigilance department to produce all documents relating to the inquiry conducted against the Tourism Minister, K. V. Thomas, in a case relating to the disproportionate asset case.

The direction was issued on a petition filed by Biju C. Valluvanadan of Kochi against the Thrissur Vigilance Court's verdict dismissing his complaint against Mr. Thomas.

Suryanelli case

A Division Bench of the Kerala High Court comprising Justices J. B. Koshy and K. Thankappan today avoided hearing the appeals filed by as many as 35 accused in the Suriyanelli rape case against the Kottayam Special Court verdict sentencing them to rigorous imprisonments varying from 25 years to four years in the case.

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